Cittadinanza per discendenza (iure sanguinis)

The decree-law of March 28, 2025, no. 36, has been converted with amendments into law no. 74 of May 23, 2025, effective from May 24, 2025.
The conversion law reforms law no. 91 of February 5, 1992, the full updated text of which is available at the following link.
Particular attention is drawn to the new article 3-bis:

In derogation of Articles 1, 2, 3, 14, and 20 of this law, Article 5 of law no. 123 of April 21, 1983, Articles 1, 2, 7, 10, 12, and 19 of law no. 555 of June 13, 1912, as well as Articles 4, 5, 7, 8, and 9 of the Civil Code approved by Royal Decree no. 2358 of June 25, 1865, it is considered that someone who was born abroad, even before the date of entry into force of this article, and holds another citizenship, has never acquired Italian citizenship, unless one of the following conditions applies:

1. The person’s status as an Italian citizen is recognized, in accordance with the regulations applicable on March 27, 2025, following an application, with the necessary documentation, submitted to the competent consular office or mayor’s office no later than 11:59 PM, Rome time, on the same date;

a-bis) The person’s status as an Italian citizen is recognized, in accordance with the regulations applicable on March 27, 2025, following an application, with the necessary documentation, submitted to the competent consular office or mayor’s office on the date indicated in the appointment communicated to the applicant by the competent office, no later than 11:59 PM, Rome time, on the same date, March 27, 2025;

1. b) The person’s status as an Italian citizen is judicially confirmed, in accordance with the regulations applicable on March 27, 2025, following a judicial application submitted no later than 11:59 PM, Rome time, on the same date;
2. 
   c) A first- or second-degree ancestor is exclusively Italian citizen, or was only italian at the time of their death;
3. 
   d) A parent or adoptive parent has been a resident in Italy for at least two continuous years after acquiring Italian citizenship and before the date of birth or adoption of the child.

 Therefore, based on the new law, the following individuals are recognized as Italian citizens by jure sanguinis (from birth):

• The applicant born in Italy on any date;
• The applicant who holds exclusively Italian citizenship, meaning they do not and cannot hold any other citizenship;
• The applicant who falls under one of the cases: a), a-bis), b), c), and d) of Article 3-bis.

According to the new law, it is clarified that:

1. Only applications submitted before 11:59 PM, Italian time, on March 27, 2025, and accompanied by the necessary documentation, follow the previous regulations.

For “submitted applications”, it is understood as:

• Applications submitted in person to the consular office before the date and time indicated above;

For “necessary documentation”, it is understood as the documentation intended to prove the applicant’s citizenship and thus to verify the derivation of citizenship from the Italian ancestor. Only formal deficiencies that can be rectified before the final determination will be accepted (for example, missing or incorrect translations, or missing vital record documents related to events that do not directly affect citizenship).

2. Only applications, accompanied by the necessary documentation, submitted to the consular office on the date indicated in the appointment confirmed and communicated to the applicant by the competent office via the Prenot@mi portal no later than 11:59 PM, Rome time, on March 27, 2025, follow the previous regulations.

 For “appointment communicated to the applicant by the competent office”, it means the confirmation sent to the applicant by email through the Prenot@mi portal.

3. In all other circumstances, the new regulations apply to the applications.

DOCUMENTATION TO BE SUBMITTED
As provided by Circular K.28.1 of April 8, 1991, from the Ministry of the Interior, specifically:

1. Birth certificate extract of the Italian ancestor who emigrated abroad, issued by the Italian municipality where they were born;
2. Marriage certificate of the Italian ancestor who emigrated abroad, with Apostille and Italian translation if issued abroad;
3. Death certificate of the Italian ancestor who emigrated abroad, with Apostille and Italian translation if issued abroad;
4. Vital record certificates of all direct descendants (birth, marriage, and death certificates) in original, issued by the competent authorities, and if issued abroad, with Italian translation and legalized with Apostille by the Secretary of State of the country where the certificate was issued (the Apostille does not require translation);
5. Certificate issued by the competent authorities of the country of emigration, with translation into Italian, attesting that the Italian ancestor who emigrated from Italy did not acquire the citizenship of the foreign country before the birth of the applicant’s ancestor;
6. Certificate issued by the competent Italian consular authority certifying that neither the direct ancestors nor the person claiming Italian citizenship have ever renounced it, pursuant to Article 7 of Law no. 555 of June 13, 1912;
7. “Certificato storico di Cittadinanza”.

For the application of the new regulations, the following additional documents must be provided:

• To prove the exclusive possession of Italian citizenship (examples include):

• Negative citizenship certificates;
• Certificates of renunciation of any foreign citizenship;
• Certificates of non-registration in the electoral rolls;

• To prove residence in Italy for at least two continuous years:

• “Certificato storico di Cittadinanza”;
• “Certificato storico di residenza”.

APPLICANT

1. Valid passport in original and copy;
2. Identity card or driver’s license in original and copy;
3. Birth certificate in original issued by the competent authorities, with the exact indication of the city of birth (only the State or County is NOT SUFFICIENT), legalized with Apostille and translated into Italian (the Apostille does not require translation);
4. FORM 1 – Completed in all parts starting from the last generation born in Italy, including all spouses, to be signed at the Consulate General during the appointment;
5. FORM 2 – Completed, to be signed at the Consulate General during the appointment;
6. FORM 3 – Completed by each living ancestor; the ancestor may sign the form at the Consulate General or in front of a public notary (in which case the form must be legalized with Apostille and submitted by the applicant together with a copy of a valid identification document of the ancestor);
7. FORM 4 – To be completed by the applicant for each deceased descendant, to be signed at the Consulate General.

To submit the citizenship application, an appointment must be scheduled exclusively through the Ministry of Foreign Affairs and International Cooperation’s portal prenot@mi at the following website: https://prenotami.esteri.it/,   which must be confirmed by the user directly on the portal before the scheduled date. No walk-ins will be accepted.

At the time of the appointment, the Consular fee for the recognition application for the period from October 1 to December 31, 2025, is $700.80 (please refer to the Consular fee table).

Only if a family member has already been recognized as an Italian citizen jure sanguinis by this Consulate General, and the applicant resides within the jurisdiction of this Consulate General (Texas, Louisiana, Arkansas, or Oklahoma), can previously submitted documentation be used. Additionally, please contact the Citizenship Office via email at cittadinanza.houston@esteri.it to inquire about any supplementary documents needed for the interview.

PLEASE CONSULT THE PUBLISHED GUIDELINES.